Source:  MEATINGPLACE.COM, 3/18/10

Foster Farms violated federal law in 2007 when it granted workers better sick leave and vacation benefits to dissuade them from supporting a union at its Porterville, Calif., poultry plant, a National Labor Relations Board judge has ruled.

The ruling directs Livingston, Calif.-based Foster Farms not to repeat its actions and clears the way for another union vote at the Porterville facility, which employs about 400 workers. Foster Farms must also post a notice about the case at the plant, Administrative Law Judge Gerald A. Wachnov said in a March 9 decision.

The labor violation occurred ahead of a union election in December 2007 at the Porterville plant. Employees at the plant rejected affiliation with the United Food and Commercial Workers by a substantial margin, and the union filed a complaint with the NLRB.

Foster Farms said about 12,000 employees at 10 U.S facilities are represented by various unions.

Timothy Walsh, Foster Farms' senior vice president of human relations, testified that the company was correcting an administrative mistake when it upgraded the Porterville employees' benefits.

The company's policy is to offer lean benefits to workers at a new plant, then provide improved packages similar to its established non-union facilities once the new facility becomes profitable. Porterville had been running for about 10 years.

The judge ruled Foster Farms "intentionally misled" employees by not informing them that their benefits were being improved to bring them in line with a long-standing company policy.

"The Respondent orchestrated the announcement and granting of the benefits in such a manner as to cause its Porterville employees to believe that the new benefits were being conferred solely because of an impending second election in an effort to diminish their support for the Union," the judge said.

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